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10-07-03w A regular meeting of the Hopkins City Council was held on October 7, 2003, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Jensen, Johnson, and Rowan. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, J. Anderson, Page, and City Attorney Jerre Miller. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:37 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS Tina Jensen appeared to resign from the Human Rights Commission. Tina will be continuing her education in New York. Tina thanked the Council, the residents and the Human Rights Commission for the opportunity to learn and serve. III. OATH OF OFFICE Four Reserve Officers received promotions and were administered the oath of office for their new positions. Reid Elwood Peterson and Gino Anthony Messina were promoted to Lieutenant and Elizabeth Payette Butterfield and Matthew James Zamastil were promoted to Sergeant. IV. PRESENTATION 1 . Elks Monetary Presentation to Police Department for AED Equipment Chief Reid introduced AI Krattley, Exalted Ruler of the Hopkins Elks, and Carol Smith of the Hopkins Elks. The Hopkins Elks presented a check for $2255 to Mayor Maxwell. The funds will used to purchase a portable defibrillator. The defibrillators are carried in the squad cars. The goal of the police department is to have one in every squad car. Chief Reid stated that last year, the department had 100 heart attack calls. The survival rate increases significantly if the victim is treated within the first five minutes of having a heart attack. Often times, the police are the first responders and having the portable defibrillators can save lives. Mayor Maxwell thanked the Hopkins Elks on behalf of the City. V. REPORTS -COMMITTEES/COMMISSIONS 1 . Zoning and Planning Commission October 7, 2003 City Council Meeting Minutes Page 1 Jay Thompson reported that the Commission reviewed the Blake Road Streetscape Concept. The Commission voted to recommend approval of the Blake Road Streetscape Concept. The Commission also held a public hearing on a conditional use permit for a sign for the Terraces, St. Therese. The Commission voted unanimously to recommend the conditional use permit for the sign. 2. Chemical Health Commission Bert Schmidt reported for the Chemical Health Commission. The Depot Coffee House update: Vidya said the sales of CDs is going well; the Board voted approval for students from all high schools to be eligible to be on the Board; Vidya is getting information to start an AA group at the Depot; Vidya is working on putting together workshops to teach the Board how to be culturally sensitive; and a second JJAC meeting was held when an individual from Washington DC came to visit a local site. Vidya stated that all went well and that this meeting will help guarantee future funding. The School update: Jessica has had only one meeting with the PACT group. The group wants to work with other schools. Another meeting has been scheduled to work on what they will be doing during Chemical Health Week, November 17-21. Reduce the Use update: Deb distributed copies of the Strategic Plan for 2003-2006 and Action Plan Worksheet for Reduce the Use. Sharon requested that the Commission review the documents and make comments prior to October 10t". The school is getting amini-grant to help cover the costs of "no smoking" signage around the school. The funds could also be used for signs at the Depot. The 2003 goals were reviewed. The Town Hall Meeting was postponed until fall of 2004. Mr. Schmidt reviewed the Commission's goals for 2004. 3. Human Rights Commission Herb Gibbs reported that the Heritage Celebration was very successful. The Commission is working on choosing nominations for the Human Rights Award. There are many to choose from. This year's Essay Contest will be on "Brown vs. Board of Education". VI. CONSENT AGENDA 1. Minutes of September 16, 2003 City Council Meeting 2. Minutes of September 16, 2003 City Council Work Session 3. Minutes of September 23, 2003 City Council Work Session 4. Minutes of August 19, 2003 City Council Work Session 5. Ratify Prior Month's Disbursements October 7, 2003 City Council Meeting Minutes Page 2 6. Approve Engineering Services Agreement, 2004 Street and Utility Improvement Projects (CR2003-147) 7. Approve Contract with Hennepin County for Assessing Services (CR2003- 143) 8. Approve Sidewalk Easement to City of Hopkins, 2nd St N and Tyler Ave N (CR2003-152) 9. Approve Final Payment, Nine Mile Cove Water Main Repair (CR2003-146) 10. Resolution, Three Rivers Park Trail Plan (CR2003-153) In response to questions on item six, John Anderson responded that the Engineer Service Agreement covers geotechnical services and topographical surveys. The City Engineer's department does not have the necessary equipment to conduct those portions of the Feasibility study. In response to questions on item seven, Jim Genellie explained that for years, the City has had its own assessing department. To respond to recent budget cuts, the City will contract for those services with Hennepin County. The Assessing Clerk will remain, but the Assessor's and the Appraiser's position will both be eliminated. Mr. Genellie said that he spoke with several cities that use the Hennepin County Assessors. All have been happy with the service. Residents will have to call Hennepin County if they have questions for the assessor and this will be a big change for the residents. Also, the Council will have to decide if they want to continue the Board of Review, or if they want the County to handle the reviews. There will be a cost savings of 575,000 for the City. Council Member Brausen moved and Council Member Rowan seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. PUBLIC HEARING 1. Miscellaneous Assessments (CR2003-150) The proposed special assessments are for delinquent utility bills, citations, and invoices. Parking ramp maintenance is also included. Notices of the hearing have been published and notices and assessment statements have been mailed to all affected owners. Three appeals have been received. Mr. Anderson explained that Exhibit A has been amended since the Council packet was sent out. An assessment was removed, prior to sending out the packet. It was discovered after the packet went out, that the assessment was in fact owing, so it was re-placed on the list. The assessment did appear in the legal notice, the property October 7, 2003 City Council Meeting Minutes Page 3 _ owner did receive notice of the assessment and was called prior to the meeting and notified that the assessment was back on the assessment roll. Mayor Maxwell opened the public hearing at 8:12 p.m. Don Ferguson, 732/734 6th Ave S, stated that he has been a property owner for 30 years and has never missed a rental registration. This year he moved and did not receive the first citation. The second citation did not state that it was the second one, nor did it state that he could receive another one. He did not believe that the violation warranted multiple citations. The City Council discussed the issues and directed staff to send the citations by certified mail. Staff should also indicate in the letter if it is a second, third etc. citation. Staff should also indicate in the letter that more citations could be issued if the violation is not corrected. In response to Council Member Johnson's question, staff stated that the 550 service fee is placed on each citation that is certified. Council Members discussed waiving the second and third citation, having the property owner pay the first citation and the processing fee for all three citations. Council Member Johnson moved and Council Member Brausen seconded a motion to amend the assessment roll from 5900 to 5400 for 732/734 6th Ave S. The motion carried unanimously. 59 Van Buren Ave S. No one appeared. The property owner requested a wavier of the processing fee. Council Member Rowan moved and Council Member Johnson seconded a motion to deny the appeal. The motion carried unanimously. Michael Cook, 246 16th Ave N, stated that he repaired the garage door three days after the notice to repair, remove, or replace the garage door. The repair did not hold. He did not realize that he had received the citation one year ago. He has purchased a new garage door, but has not had it installed yet. Council Members discussed the amount of time that has gone by and the fact that Mr. Cook did try to comply with the notice. The Council also discussed the fact that Mr. Cook did communicate and keep in touch with the City staff over the matter. Because the expense of certifying the fine has been incurred by the City, the Council stated that the service fee should be paid. October 7, 2003 City Council Meeting Minutes Page 4 Council Member Brausen moved and Council Member Jensen seconded a motion to amend the assessment roll by waiving the fine only for 246 16`" Ave N on the condition that the garage door is installed by October 18, 2003. The motion carried unanimously. Council Member Brausen moved and Council Member Jensen seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:55 p.m. Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 2003-090, Resolution for Adoption of Assessment Roll, 2003 Miscellaneous Special Assessments as amended. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. OLD BUSINESS 1. Carnival Permit, Raspberry Festival (CR2003-150) The Hopkins Raspberry Festival has applied for a permit to hold a carnival during the 2004 Raspberry Festival. The City Council considered the concept at the September 16`" meeting. At that meeting, the Council requested that the Festival arrange a meeting with residents surrounding the site of the carnival and also, to contact the Hopkins Police Department to discuss the Department's concerns. The Festival held a meeting with the residents of the City Gables, and passed out fliers to the apartment residents. The residents of the City Gables voted unanimously to support the carnival and there was no response from the apartment residents. The Festival also met with the Police Department. A decision will be made closer to the time of the carnival about the security. Mr. Specken stated that they assured the residents of City Gables that a member of the Festival would be on site at all times and that they would respond immediately to any complaints that came up. Council Member Brausen moved and Council Member Johnson seconded a motion to approve a carnival permit for the Raspberry Festival contingent upon the City receiving a 2004 certificate of insurance. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. IX. NEW BUSINESS 1. CUP for Sign at Terraces 1St Therese) (CR2003-151) October 7, 2003 City Council Meeting Minutes Page 5 The applicant, The Terraces, is finishing construction on an assisted living addition to the existing St. Therese building at 101 1 Feltl Ct. The addition is located on the north side of the site. The ordinance allows 12 square feet for this type of building, but a CUP can be granted for a sign larger than 12 square feet. Jim Kerrigan reviewed the site plan and the design of the sign. The sign meets the requirements of the Zoning Ordinance. The Zoning and Planning Commission recommended approval. Council Member Johnson moved and Council Member Brausen seconded a motion to adopt Resolution 2003-91, approving a conditional use permit to erect a sign at the Terraces Assisted Living Facility. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. 2. Accept Streetscape Plan, Blake Road (Memo) In 2001, Hoisington Koegler Group began the East Hopkins Land Use and Market Study. The plan explores development alternatives in an area adjacent to Excelsior Blvd. and Blake Rd. Brady Halverson of Hoisington Koegler reviewed the specifics of the plan. Council Member Johnson stated that she would like to see the sidewalk on the East side of Blake Rd extended to the trail while the County is still working on that portion of Excelsior Blvd. Mayor Maxwell directed Engineering staff to get the necessary information. No action was taken. 3. Modification to Legislative Policy 5-C, Use of City Buildings (CR2003-148) According to state law, the City may not prohibit firearms on property the City owns or leases. The law does allow schools and "private establishments" to prohibit weapons in buildings they own or lease. The City Attorney, Wynn Curtis, has drafted a proposed amendment to Legislative Policy 5-C. This will allow any groups that are legally entitled to do so, to post signs prohibiting firearms. Mr. Genellie stated that additional language could be added to the policy to require any group that used or leased City facilities to post signs prohibiting firearms. Council Members discussed the options. Council Member Rowan moved and Council Member Brausen seconded a motion to adopt Resolution 2003-089, revising Legislative Policy 5-C, Use of City Buildings with the addition of language that would require all users to post signs. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Jensen, aye; Council October 7, 2003 City Council Meeting Minutes Page 6 Member Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously. X. ADJOURNMENT There being no further business, Council Member Jensen moved and Council Member Brausen seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 9:40 p.m. Respectfully Submitted, October 7, 2003 City Council Meeting Minutes Page 7 erry Obe aier, City Clerk